The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-06-29
ANOTHER HIT AT THE COURT
THE INEQUALITY OF PUNISHMENT, AND
THE UNCERTAINTY AND UNSTABLE
NESS OF OUR LAWS.

Decentralization and Euin Incident 10
the Unsettled Condition of Our
Law, 80 Prnciica1- Sensible. and
Uscrni Suggestions.
Etlitor of the AbberiUe Mcdiwm:
| IN reply TO your comments OH our last pre-
sentiment. we the Grand Jury have this to
| YOu state, that much Of the prcsentmcnt is
based on miSapprchensiOn of the law. This
Is the truth, though you must have uninten-
tionally stated II, as You say little further
/ on that the law is not SDal,struSc. Now what
W" recommended, is that the laws be so
amcndci. and that future laws be so con-
structcd that they will be not only apprchcn-
| sihle but comprehensive to all men.
You state that the Grand Jury did not point
ont tho Objectionable laws, hut If the law re-
lating to married wOmans rights Is meant,
| there can be no doubt about 1t NOW, since the
Supreme Court has announced its decision.
In our opinion the decision Of that Court
has only stirred the mud. and made what was
shady before. MS black as Egyptian darkness.
| If that Is the light that is 10 guide us. we
would prefer 10 be bcfogged in perpetual dark
ness, and that was the very reason why we
wanted wiser and practical men to throw the
mantle of common sense and plain English
around the law. was to protect us from this
expensive and misty light, and TO shield us
| from the ovcrshndowlng Shroud of the Courts.
| If all the other points involved In that law
are solved, as those already decided, it should
and would be denominatcd the seven mystic
| rlcS of the age, as no other seven enigniaS
could be found enslrouded with so much OBJ
scurity and uncertainty.
| We would recommend after you have dl-
gesed the married wOman's law that you
mastcate the priority lien law. and after elu.
cidating and disposing of the legal features of
that law, and after arranging and arraying
the simplicity Of its meaning and construc-
| tion, turn to the laws bearing on mortgages,
and explain their beautiful qualifications and
the chastc schemes of justice and equity
therein concealed from the vision OF common
people.
rhe homestead law is another monument Of
the irreconciable Inconsistencies of mingled
mercy and Justice, that needs to be better ex-
planned and understood, and IS worthy Of
your consideration and spare light.
| The laws in regard to petit larceny cases
we're thought to put all such cases under the
jurisdiction of trial justices until lately, when
it was discovered such was not the case. They
seem 10 have been misunderstood and inter-
preted by lawyers and Judges until looked in
10 by some crafty and shrcwd lawyer OF more
than ordinary scrutiny and perception.
The laws in relation to settling up of estates
have been so long misunderstood and misin-
terprctcd that the errors have become the
common law of the land, and we are inform,
ed that to correct the past unlawful decisions
would be the ruin OF the country, 50 great
would be the confusion.
Why all this dissension and controversy
among our wsest and most learned lawyers?
| Why do the most expert Judges of the law
differ in their decisions unles something is
wrong in. the laws?. Ask the most expert
enced and Judicious lawyers what you are TO
do to comply with these laws, and their ad
vice will be as different as polar snow is from
tropical sand. And yet we are told the law is
not abStruSc. Securities pronounced by one
lawyer perfectly good, will be rendered utter
ly worthless by another lawyer in court Of
! justice, and yet we must believe all this Is
plain and right, and that we must uphold and
sustain the laws that either make us thieves
or allow thieves to ruin us. We are told that
| II is wrong TO bring such laws into contempt.
| n .Irff infrO hhrn tuin Iu0
land? Echo answers whittier! where Shall
we save the laws or save the people? Shall
we uphold the laws as millstones about our
necBs while we bravely sink?
! AS to the criminality of forgery, where no
other damage Is meant or done, except the
amount to be gained or lost by the forgery, in
our opinion that amount should govern The
degree OF punishment, and bears no simili-
tude to murder though there are different de-
grees of criminalty in manslaughter as well
as other matters, so we conclude the simile Is
far fetched and had as well been left out.
You are entirely mistaken in thinking lar.
ccny from the fields and Of live stock when
committed by hungry, people is any more
the house or barn. The latter is the most dam
gcrous both to the person robbed and to the
thief While we can see no more merit OF
| leniency in the one than in the other, we be-
lirvc all offenders should be punished in mer-
cy and in reason, so as to prevent crime with.
out crushing poor suffering humanity that is
o 1y Inc o hc
woes that induce our poor people TO commit
crime, in trying to relieve themselves and
their suffering families before we wreak ven-
geancc on them, while huge swindlcs are con-
doncd by law and justified by members Of
the press. Let us look to the beams In our
own eyes before we remove the notes from
the eyes Of the lowly. Let us not strain out
gnats and swallow the camels
AS to the laws Of other States and nations
we are content TO let them alone, unless they
are better than ours, and then we might adopt
n 1'y1l n W mi
people for the special benefit Of our homes.
| AS to your hypothesis Of trial justices hold
Ing Court on every third day, and leading us
to believe that it would be almost necessary
for the Governor to call out the militia to
guard each prisoner. and to'levy special tax
to cover expenses, it Is perfectly preposterous
foolishness. They could hold their Courts at
about the same time, and the prisoners could
be sent without guard by express at less
than half of the cost now charged for such
services. and the expenses OF trials would not
be one-fourth OF what 1t now costs, and II
prisoners were allowed to work for some one
that would become responsible for the costs
and reasonable fines the costs could be re-
duccd to almost nothing But of course the
Grand Jury could not be expected to go into
details. We only pointed ont the evils and
the remedies rs we supposed them to be, and
leave the matter to be developed and COM
plctcd by wiser men who are selected for that
We are aware of the fact that we are no Sol
OlllOnS, DuI plliH llOleSJ lleli WIFI FOllll-
cal aspirations, selected against our inclina-
/ tionS to perform arduous and diSagreeable du-
ties. without fear or favor, and to the best OF
our abilities we have done so. We would be
proud If our suggestions lead to any good and
trust they will lead to no material harm.
That they are faulty and imperfect we arc
free 10 confess. When convinced that we
have done wrong we will make amends In
the future, until then we have no other apollo
gics or explanations to make.
Respectfully submitted.
| q. y. DOUGLASS, Foreman.